Thursday, November 05, 2009

The Proper Role Of Attorneys-By Harsha Sankar

Dear Citizen, October 2009

The notion that a uniform federal bar exam,as proposed by the National Conference of Bar Examiners,would better protect the public is foolhardy. It will be subjective and graded in secrecy.

All law school curriculum is arbitrary. Students are not taught the law is how it reads.Rather they are indoctrinated that have the "skills" to decide law on a case by case basis.They learn that case law(judicial decisions) and procedures are supreme even though the judiciary has no Constitutional authority to make law or to treat procedure as such.

The practice of law cannot be licensed by any state and is an occupation of common right,
according to two U.S. Supreme Court decisions. Certificates from state supreme courts only authorizes the practice of law on behalf of court wards, infants, and persons of unsound mind. The "State Bar" Card is not a license but a "Union dues cards" from a private,professional
association. The initial definition of Unauthorized Practice of Law is the proclamation of attorney-status when one is not. UPL laws were not supposed to restrict assistance of counsel.

The role of attorney is the same as public notary, which is the maintenance of integrity in assisting courts call "balls and strikes". No one goes to a game to see the umpire. The judiciary is the umpire. It is not supposed to be a participant. Therefore, the attorney is not supposed to be a personality. He confirms, with total objectivity, impartiality, and uniformity that his client's actions and claims are in compliance with the law.

Attorneys are bonded to certify that all statements made to the courts are truthful,relevant, and free from personal prejudices. Attorneys are not there for their "knowledge,talent, or skills".
Those qualities are just code words to justify their oppression of the people. There really should not be any educational requirements, which only promotes aristocratic elitism and exclusivity at the expense of merit. Becoming a registered attorney should be as simple as obtaining a driver's license and voter card as well as filing corporation papers.

An attorney has a unique role. Their first duty has to be to the laws governing protocol for the courts. So obviously they will be deemed as "officers of the courts." However, they should also
be expected to work for and answer to the client they represent. People have to be protected from abuse and fraud.

Unlike a bureaucratic inspector, whose sole authority figure is the "State", and unlike a private sector provider, who answers only to his consumer, an attorney has to work for both.

Attorneys should have a few but enforceable laws to follow. Written are some of those few.
1. There must be a clear attempt to resolve disputes prior to litigation.
2. The institution of a lawsuit is a declaration to the court that the plaintiff's intent is to try all
allegations completely. Unfortunately too many "shysters" file suit just to gather information, to extort settlements, or to gouge clients.
3.The client is entitled to a consultation and case review for which an official opinion is submitted.
4. The client is entitled to documented, focused and good faith efforts, based on documented good faith advice,according to established and reasonable expectations.
5. An attorney cannot have a personal or financial stake in a case nor have a relationship with the client and the case outside that attorney-client relationship.

Unfortunately, corrupt conflicts of interest are abound, especially with attorneys muscling their way into many key positions in society.

Attorneys should be held to the same light as a religious preacher or as a counselor.It is all about integrity,objectivity, and uniformity. It is really about nothing else. Attorneys should have the highest ethical standards of all professions, trades, and fields. Presently they have the lowest.

Attorneys have a proper role in society. Yet their numbers and scope must be significantly reduced for that to happen. The private BAR associations' regulatory authority should be transferred to a government agency that has no attorneys. Laws, passed by a non-attorney legislature and enforced by the executive branches' agency, should define fee structures(consultation, hearings,etc.), treatment of client, presentation, and paperwork recording.

The legal system should be as such that if one were to consult ten different attorneys over any
particular issue, one should receive the same answer each and every time.Obviously that is not the case.

The presence of attorneys in office makes the once-respected legal profession into vile and promiscuous mercenaries. This promotes a cancer that fosters charlatanism, aggressiveness, and rodent-like growth. Instead of acting as bearers of certain, specific standards, they have become the Purveyors of Perversions.

On a personal note, I do not condemn all attorneys in as much as I never condemned all Communists,Nazis, or Islamic clergy. I only condemn the "one-party" autocracy.

Very Truly Yours,

Harsha Sankar
908 Valley Ridge Road
Covington, Virginia 24426